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A5959Assembly2019-2020 SessionSame asS4270

Hold Arrestees in County Jail

Official title

“Authorizes the detaining in the Orange county correctional facility of persons awaiting arraignment or appearance in any local court in the county of Orange”

Sponsor Aileen GuntherAD-100Affects Public Safety & Consumer Affairs
Status
In Assembly Committee
Correction
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Correction

What's happening

This bill authorizes the Orange County Correctional Facility to detain individuals under arrest who are awaiting arraignment or court appearance.

Why it matters

  1. Expands detention authority. By explicitly allowing the Orange County Correctional Facility to detain people awaiting arraignment or court appearance, the bill could streamline local law enforcement and court operations, potentially reducing the need for temporary holding in less secure or less equipped locations.

  2. Legal clarity for sheriffs. The bill ensures that sheriffs in Orange County have clear legal backing to detain individuals pre-arraignment in the county correctional facility, which could help avoid legal challenges or confusion about where detainees can be lawfully held before their court hearings.

  3. Potential impacts on detainee rights and conditions. By formalizing pre-arraignment detention at the correctional facility, the bill may affect the conditions and oversight for individuals who have not yet had their initial court appearance, raising considerations about due process, access to legal counsel, and the treatment of detainees during this critical period.

  4. Uniform application of jail standards. The bill applies all existing correctional facility standards to pre-arraignment detainees, which could improve consistency in detainee treatment but may also increase the facility’s operational responsibilities and population.

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Who cares

Headline styles

Hold Arrestees in County Jail

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Aileen Gunther

Assembly Member · Assembly District 100

No co-sponsors yet.

History

  1. Referred to correction
  2. Referred to correction

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S4270Senate

Hold Detainees in County Jail

In Senate Committee · Crime Victims, Crime And Correction · Sponsor James Skoufis

Impact 3 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5959

2019-2020 Regular Sessions

IN ASSEMBLY

February 20, 2019

Introduced by M. of A. GUNTHER -- read once and referred to the Committee on Correction

AN ACT to amend the correction law, in relation to authorizing the use of the Orange county correctional facility for the detention of persons under arrest being held for arraignment or appearance

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 500-a of the correction law is amended by adding a new subdivision 2-t to read as follows:

2-t. The Orange county correctional facility may also be used for the detention of persons under arrest being held for arraignment or appearance in any court located in the county of Orange.

§ 2. Section 500-c of the correction law is amended by adding a new subdivision 26 to read as follows:

26. Notwithstanding any other provision of law, in the county of Orange all the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment or appearance prior to commitment, as if such person has been judicially committed to the custody of the sheriff and such person may be held in the Orange county correctional facility.

§ 3. This act shall take effect immediately, provided that the amendment to section 500-c of the correction law, made by section two of this act, shall not affect the repeal of such section pursuant to section 12 of chapter 907 of the laws of 1984, as amended, and shall be deemed repealed therewith.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09934-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.